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RESOLUTION

Establishing, and defining the functions, tasks, powers and organizational structure of, offices of provincial/municipal national assembly delegations and people's councils

THE NATIONAL ASSEMBLY STANDING COMMITTEE OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

Pursuant to the Law on Organization of the National Assembly;

Pursuant to the Law on Organization of People's Councils and People's Committees;

Pursuant to the Regulation on Activities of National Assembly deputies and National Assembly delegations promulgated together with Resolution No. 08/2002/QH11;

Pursuant to the Regulation on Activities of People's Councils promulgated together with Resolution No. 753/2005/NQ-UBTVQH11;

After reaching agreement with the Government;

At the proposal of the director of the Committee for Deputies' Affairs,

RESOLVES:

Article 1.-

1. To establish the Offices of provincial/municipal National Assembly delegations and People's Councils (below referred to as Offices of National Assembly delegations and People's Councils) on the basis of merging the Offices of provincial/municipal National Assembly delegations and the Offices of provincial/municipal People's Councils.

The standing body of a provincial/municipal People's Council shall decide to establish the Office of National Assembly delegation and People's Council after reaching agreement with the National Assembly delegation head.

2. The Office of National Assembly delegation and People's Council is an assisting body of a provincial/municipal (below referred to as provincial-level) National Assembly delegation and People's Council and functions to advise and serve activities of the provincial-level National Assembly delegation, its head and deputy head, National Assembly deputies, the provincial-level People's Council, its standing body and specialized boards, and People's Council deputies.

3. The Office of National Assembly delegation and People's Council has the legal person status and its own seal, and may open accounts at the State Treasury according to law.

Article 2.-

1. When serving activities of a National Assembly delegation, its head and deputy head and National Assembly deputies, the Office of National Assembly delegation and People's Council shall perform the following tasks:

a/ To advise on the elaboration of the National Assembly delegation's work agendas and monthly, quarterly, biannual and annual plans of action; to serve the implementation of approved programs and plans;

b/ To assist the National Assembly delegation and National Assembly deputies in collecting their comments and public comments on draft laws, draft ordinances, draft resolutions and other documents at the National Assembly Standing Committee's request;

c/ To assist the National Assembly delegation and National Assembly deputies in oversight activities; to monitor and supervise agencies', organizations' and individuals' implementation of recommendations stated in oversight conclusions;

d/ To assist the National Assembly delegation and National Assembly deputies in receiving citizens and their petitions, complaints and denunciations and settling them; to monitor and supervise the settlement thereof;

e/ To coordinate with concerned agencies and organizations in serving National Assembly deputies' meetings with voters; to assist the National Assembly delegation head in summarizing voters' comments and petitions and send them to the National Assembly Standing Committee and responsible agencies and organizations for consideration and settlement;

f/ To assist the National Assembly delegation head and deputy head in reviewing the delegation's activities for report to the National Assembly Standing Committee and maintaining contact with National Assembly deputies; to serve the National Assembly delegation and National Assembly deputies at National Assembly sessions and in external relation activities.

2. When serving activities of a provincial-level People's Council, its standing body and specialized boards and People's Council deputies, the Office of National Assembly delegation and People's Council shall perform the following tasks:

a/ To advise on the elaboration of work agendas and monthly, quarterly, biannual and annual plans of action of the People's Council, its standing body and specialized boards; to serve the implementation of approved programs and plans;

b/ To advise and assist the People's Council standing body in managing affairs of the People's Council; to harmonize and coordinate activities of specialized boards of the People's Council; to ensure the compliance with the Regulation on Activities of the People's Council and its standing body and specialized boards and rules on the People's Council meetings; to assist the People's Council standing body in maintaining contact with People's Council deputy groups and People's Council deputies; to serve external relation activities of the People's Council and its standing body and specialized boards;

c/ To assist the People's Council standing body in adopting agendas for meetings of the People's Council and its standing body and specialized boards and to serve these meetings; to monitor concerned agencies and organizations in preparing documents for these meetings.

d/ To assist the standing body and specialized boards of the People's Council in making work reports; to assist specialized boards of the People's Council in appraising schemes, reports and draft resolutions; to assist the secretary of the People's Council meeting sessions in completing resolutions of the People's Council; to assist the People's Council standing body in finalizing these resolutions;

e/ To assist the People's Council, its standing body, and specialized boards and People's Council deputies in oversight activities; to monitor and urge agencies, organizations and individuals to comply with recommendations made in oversight conclusions;

f/ To assist the People's Council, its standing body and specialized boards and People's Council deputies in receiving citizens and their petitions, complaints and denunciations and settling them; to monitor and supervise the settlement thereof;

g/ To coordinate with concerned agencies and organizations in serving People's Council deputies' meetings with voters; to assist the People's Council standing body in summing up voters' comments and petitions and send them to responsible agencies and organizations for consideration and settlement;

h/ To assist the People's Council standing body in collecting comments on draft laws, draft ordinances and other documents at the National Assembly Standing Committee's request;

i/ To assist the People's Council standing body in the election of National Assembly deputies and People's Council deputies at all levels; to approve results on election of the chairman, vice-chairman and permanent members of the People's Council of the immediate lower level;

j/ To serve the standing body and specialized boards of the People's Council in sharing experience on and training skills for People's Council deputies at all levels.

3. In addition to the tasks specified in Clauses 1 and 2 of this Article, the Office of National Assembly delegation and People's Council shall perform the following tasks:

a/ To assist the National Assembly delegation, its head and deputy head, the People's Council and its standing body and specialized boards in maintaining work relations with central agencies, and provinces and centrally run cities and the standing bodies of their Party committees, People's Committees, Vietnam Fatherland Front Committees, People's Courts, People's Procuracies and local agencies, organizations and bodies;

b/ To assist the National Assembly delegation head and the People's Council standing body in estimating annual operational expenses and disbursing and managing the operational fund of the National Assembly delegation and the People's Council;

c/ To ensure conditions for activities of the National Assembly delegation, its head and deputy head, National Assembly deputies, the People's Council, its standing body and specialized boards, People's Council deputy groups and People's Council deputies; to assist the National Assembly delegation head and the People's Council standing body in implementing mechanisms and policies for National Assembly deputies and People's Council deputies;

d/ To manage material facilities, scientific research activities, and administrative, archive, safeguard and reception affairs of the Office, the National Assembly delegation and the People's Council;

e/ To participate in the adoption of master plans and plans on training and managing cadres, public employees and servants of the Office of National Assembly delegation and People's Council according to law;

f/ To perform other tasks assigned by the head or deputy head of the National Assembly delegation or the People's Council standing body.

Article 3.-

1. The Office of National Assembly delegation and People's Council has a director and not more than three deputy directors. The People's Council standing body may appoint, dismiss or relieve from office the director or a deputy director of the Office after reaching agreement with the National Assembly delegation head.

2. The Office of National Assembly delegation and People's Council is composed of a section for National Assembly deputy affairs, a section for People's Council affairs, and a section for administration-personnel-management.

Based on realities and actual needs of each locality, the People's Council standing body may decide to establish additional sections after reaching agreement with the National Assembly delegation head.

The People's Council standing body shall decide on functions, tasks and personnel of each section after reaching agreement with the National Assembly delegation head. Each section may have a head and not more than two deputy heads. The director of the Office may appoint, and dismiss section heads and deputy heads after consulting the People's Council standing body and the National Assembly delegation head.

3. The payroll of the Office of National Assembly delegation and People's Council is included in the locality's total payroll and allocated by the provincial-level People's Committee after reaching agreement with the National Assembly delegation head and the People's Council standing body.

4. The Office of National Assembly delegation and People's Council shall operate under the headship regime. The director is the Office's head who shall manage the Office's overall operation and take responsibility for all of the Office's operations before law and the People's Council standing body, and the head and deputy head of the National Assembly delegation. Deputy Directors of the Office shall assist the director in performing tasks as assigned by the director.

5. The Office of National Assembly delegation and People's Council have its work regulation. The regulation is issued by the Office director.

Article 4.-

The operational fund of the Office of National Assembly delegation and People's Council is taken from the fund for activities of the National Assembly delegation and People's Council.

Article 5.-

1. The Office of National Assembly delegation and People's Council shall maintain work relations with the Office of the provincial/municipal Party Committee, the Office of the People's Committee, the Vietnam Fatherland Front Committee's standing body, provincial-level Services and branches and local agencies, organizations and units for coordination in assisting activities of the National Assembly delegation and People's Council.

2. The National Assembly Office, the Government Office, the Ministry of Home Affairs and the Committee for Deputies' Affairs of the National Assembly Standing Committee shall, within the scope of their functions and tasks, guide activities of the Offices of National Assembly delegations and People's Councils.

Article 6.-

The director of the National Assembly Office, the Minister-Director of the Government Office, ministers, heads of ministerial-level agencies, the head of the Committee for Deputies' Affairs, National Assembly delegations, People's Councils and People's Committees of provinces and centrally run cities shall, within the ambit of their responsibilities, implement this Resolution.

Article 7.-

1. This Resolution takes effect on January 1, 2008.

2. This Resolution replaces the National Assembly Standing Committee's Resolution No. 416/NQ-UBTVQH11 of September 25, 2003, and the Government's Decree No. 133/2004/ND-CP of June 9, 2004. To annul Paragraphs 1 and 2, Article 79 of the Regulation on Activities of People's Councils promulgated together with the National Assembly Standing Committee's Resolution No. 753/2005/NQ-UBTVQH11 of April 2, 2005.